Monday 21 November 2011 11.05 EST
First published on Monday 21 November 2011 11.05 EST

A Florida-based music and fashion label is suing the makers of the Seth Rogen/Joseph Gordon-Levitt cancer comedy 50/50, claiming it owns the copyright to the title.

Eastland Music Group (EMG) says it has been using the names 50/50 and Phifty-50 records to sell music by a hip-hop duo of the same name since 2000. They allege the film's release in US cinemas has already confused consumers. The label claims it holds a registered trademark on Phifty-50. The 50/50 moniker has not been formally registered, but could still be regarded as intellectual property if the company has used it continuously. Eastland believes the forthcoming home video release will compound the issue, especially since it releases its own DVDs.

Inspired by the real-life experiences of screenwriter Will Reiser, director Jonathan Levine's 50/50 is the story of a 27-year-old cancer patient's battle to beat the disease with the help of his friend. It has received strong reviews and – unusually for a comedy – is considered an outside bet for an Oscar nomination next year. Rogen, who plays the friend, was close to Reiser when he went through his own cancer diagnosis.

Eastland says it asked studio Lionsgate to stop using the 50/50 title in September, prior to the film's theatrical release. In its suit, the company is now asking for an injunction against the use of the name, destruction of all products using it, and 100% of sales and profits resulting from the use of 50/50. Lionsgate has not so far made any comment in relation to the case.